2018 QCCA 59, 2018 QCCA 59

Carrier c. François Wang inc. 2018 QCCA 59 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-027222-173, 500-09-027223-171 (500-22-239100-178) MINUTES OF THE HEARING DATE: January 15, 2018 CORAM: THE HONOURABLE NICOLE DUVAL HESLER , C.J.Q. MARIE-FRANCE BICH , J.A. NICHOLAS KASIRER , J.A. N o : 500-09-027222-173 APPLICANT COUNSEL MARCO CARRIER Mtre CHARLES-ANTOINE DANIS (Cabinet Danis inc.) RESPONDENT COUNSEL FRANÇOIS WANG INC. Mtre DAVID PLOTKIN (Renno Vathilakis inc.) N o : 500-09-027223-171 APPLICANT COUNSEL MARCO CARRIER Mtre CHARLES-ANTOINE DANIS (Cabinet Danis inc.) RESPONDENT COUNSEL

FRANÇOIS WANG INC.

Mtre DAVID PLOTKIN (Renno Vathilakis) DESCRIPTION : 500-09-027222-173 Motion for leave to appeal after the expiry of time limit from a judgment rendered on October 20, 2017 by the Honourable Henri Richard of the Court of Québec, district of Montreal (Article 363 C.C.P .) 500-09-027223-171 Motion for leave to appeal after the expiry of time limit from a judgment rendered in the course of a proceeding on October 19, 2017 by the Honourable Henri Richard of the Court of Québec, district of Montreal (Article 363 C.C.P .) Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 14:56 Commencement of the hearing.

Identification of counsel. 14:56 Submissions by Mtre Danis 15:18 Submissions by Mtre Plotkin. 15:42 Recess. 15:53 Resumption of the hearing. 15:53 Judgment – see page 3. Robert Osadchuck Clerk BY THE COURT

JUDGMENT [ 1 ] The judgment which the Petitioner seeks to appeal dated October 19, 2017, dealt with art. 192 of the C.C.P. , the second paragraph of which reads as follows: If the party does not appoint a new lawyer, the proceeding continues as though the party were not represented. If the party does not comply with the case protocol or the rules of representation, any other party, if a plaintiff in the case, may request that the case be set down for judgment, or, if a defendant in the case, that the application be dismissed. [ 2 ] We are of the unanimous view that it is in the interest of justice that the Court determine whether the judgment in first instance properly interpreted

article 192 above quoted. FOR THESE REASONS, [ 3 ] Leave to appeal is granted, costs to follow suit. [ 4 ] As to the other judgment sought to be appealed, dated October 20 th , 2017, it follows, in the circumstances, that leave must also be granted, costs to follow suit and that the proceedings before Judge David Cameron will be suspended in the meantime. [ 5 ] ORDERS the appellant, after having notified a copy upon the respondent, to file in the Office of the Court, no later than February 28, 2018, five copies of a written argument not exceeding 10 pages.

All documents necessary for the adjudication of the appeal (judgment under appeal, pleadings, excerpts from depositions, etc.) shall be attached; [ 6 ] ORDERS the respondent, after having notified a copy upon the appellant, to file in the Office of the Court, no later than April 16, 2018 , five copies of a written argument not exceeding 10 pages and of his supplementary documents; [ 7 ] DIRECTS the parties’ attention to

section 376 C.C.P. and

article 55 of the Civil Practice Regulation , which read as follows: 376. The appeal lapses if the appellant does not file a brief or a memorandum within the time limit for filing. The appellate clerk issues a certificate of lapse of appeal, unless an appellate judge is seized of an application for an extension. A respondent or any other party that does not make a timely filing of its brief or memorandum is precluded from filing and cannot be heard at the hearing unless so authorized by the Court of Appeal. 55. Format. The memorandum shall include a title page, a table of contents and be paginated consecutively.

The provisions relating to briefs (including the final requirements) apply to memoranda with the necessary adaptations. [ 8 ] DIRECTS the parties’ attention to Practice Direction G-3 (last amendment: February 27, 2017) encouraging them to attach a technological version to each paper copy of their brief, memorandum and book of authorities. Such technological version should preferably be in Word format but may also be in PDF format enabling key-word searches.

The USB drive is the format preferred by the Court, but CD / DVD-ROM are also accepted; [ 9 ] The Court gives act to the parties of their consent that the panel rule on the merits of the appeal without a hearing once the briefs have been filed. NICOLE DUVAL HESLER, C. J.Q. MARIE-FRANCE BICH, J.A. NICHOLAS KASIRER, J.A.